Rights and title trampled when deemed inconvenient

A decision by the province of British Columbia to proceed with the controversial Site C hydroelectric dam has been described as “incredibly stupid.” The project will see a third hydroelectric station built in the Peace River region of B.C.

As well as calling the decision stupid, Grand Chief Stewart Phillip, president of the Union of BC Indian Chiefs, also said it was “ill-advised.”

“BC Hydro has failed to make its case in terms of future energy demands and have not adequately outlined an economic business case for construction and repayment of the most expensive capital project in the history of B.C.” The project is estimated to cost $8.5 billion.

“The dam, associated structures and rights-of-ways will run directly through the heart of Treaty 8 First Nations territories and will have devastating impacts on treaty rights of Treaty 8 First Nations. The project will gravely impact the ability of Treaty 8 communities’ way of life in exercising their treaty-protected constitutionally-enshrined rights to hunt, fish, trap, and harvest across their lands,”  said Phillip.

“The government has determined to move this project forward without Treaty 8 First Nations free, prior and informed consent. The impacts caused by this project will violate Treaty 8 First Nations fundamental human rights and their rights as Indigenous peoples as recognized in the United Nations Declaration on the Rights of Indigenous Peoples, as set out in Article 26(1) and 32(2) that Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied, or otherwise used or acquired.  The impacts this project will have on the environment, lands and resources will be deeply felt by all communities and represents environmental and cultural devastation for the Treaty 8 First Nations,” said Secretary-Treasurer of the Union of BC Indian Chiefs, Kukpi7 Judy Wilson.

In announcing the project, Premier Christy Clark said Site C would provide British Columbia with the most affordable, reliable clean power for more than 100 years.

“Affordable, reliable, clean electricity is the backbone of British Columbia’s economy. Site C will support our quality of life for decades to come and will enable continued investment and a growing economy,” said Clark.

B.C.’s population and economy are growing, and the demand for power is expected to increase by 40 per cent over the next 20 years,” reads a press statement.

“British Columbia has the third-lowest electricity rates in North America and we need to meet our future needs in a way that keeps rates down,” said Bill Bennett, minister of Energy and Mines. “It’s clear that to keep rates low, we must choose the option of building Site C.”

The Treaty 8 Tribal Association said, however, their consultants have concluded that, by taking advantage of low-cost resources allowable under the Clean Energy Act, there would be no need for new electricity resources in B.C. until 2027.

Depending on the very uncertain requirements of LNG facilities and domestic load growth, new resources might not be needed until the late 2030s.

The First Nations Summit has called the project a major step backwards in provincial government relations with B.C. First Nations.

The proposed dam will result in the flooding and destruction of 5,550 hectares of land within the traditional territory of Treaty 8 First Nations.

“B.C. and Canada have chosen to completely ignore their constitutional duty to consult and accommodate Treaty 8 First Nations prior to making this decision. This approach is unacceptable and an affront to the cultivation of constructive government-to-government relations between the provincial government and B.C. First Nations,” said Robert Phillips of the Summit political executive.

“As we have said time and time again, to both government and industry, the necessary consultation standard for any development project in B.C., especially those with such a high potential for negative impacts, such as Site C, must be to seek the free, prior and informed consent of each and every First Nation whose Aboriginal title and rights will be impacted,” said Grand Chief Edward John of the political executive.

Vice-President of the Union of BC Indian Chiefs, Chief Bob Chamberlin said “Treaty 8 First Nations’ Aboriginal and treaty rights have already been significantly infringed with existing hydro dams in their territories.  This project represents stepping beyond acceptable cumulative rights infringement and crystallizes the disregard for Aboriginal and treaty rights in B.C.” 

Chief Chamberlin concluded the approval of this projected signals to First Nations across B.C. that their values, beliefs, title, Aboriginal rights, and treaty rights will be trampled, cast aside and disregarded whenever government deems a project economically important and significant.